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WHEREAS, the Site Plan for Bronstein Redevelopment showed the following items which
items required coordination with the City of Nashua:

e Proposed parking stalls protruding into the public right of way known Myrtle Street
e At the east end of Myrtle Street, granite curbing protruding into the public right of
way; See Exhibit attached.

WHEREAS, because of the interface between the Bronstein Redevelopment on the
Property and the public right of way known as Myrtle Street, there is a potential for snowplowing
overlap and other maintenance issues;

WHEREAS the Bronstein Redevelopment is to be used for essential public and
governmental purposes and that this Agreement facilitates the City’s and the NHRA’s
development of additional low-income housing units.

NOW, THEREFORE, for the purpose of aiding and co-operating in the planning,
undertaking, construction, and operation of the Bronstein Redevelopment, and for and in
consideration of the mutual covenants set forth herein and other good and valuable consideration
paid, the parties agree as follows:

1. Recitals Incorporated. The foregoing recitals are hereby incorporated into this
Agreement.

2, Construction as per Site Plan. NHRA and the Developer will construct the
Bronstein Redevelopment in accordance with the Site Plan, as approved. The City hereby consents
to the construction of improvements as shown and detailed in the Bronstein Redevelopment Site
Plan.

3. License to install roadway improvements. The City hereby grants to NHRA and
Developer temporary non-exclusive rights, privileges, and licenses to install curbing and other
improvements as shown on the Bronstein Redevelopment Site Plan. Nothing in this paragraph
shall relieve NHRA or Developer from securing required permit(s) from the City’s Department of
Public Works for any such work. To the extent permitted by law, NHRA and each Developer
agrees to protect, indemnify, defend, and save the City harmless from and against any and all!
claims, demands, losses, liabilities, costs, including reasonable attorney’s fees, and causes of
action of every kind and character in any way resulting from its acts or omissions or those of their
agents, employees, representatives, or contractors. If any property damage, personal injury or loss
results from the joint willful misconduct of the City, in any part, the duty of indemnification shall
be in proportion to the allocable share of misconduct.

4. Parking Ordinances. For purposes of aiding and cooperating in the planning,
undertaking, and operation of the Bronstein Redevelopment, amendments to certain ordinances,
regulating parking on Myrtle Strect will be introduced to the Board of Aldermen for consideration.

5. Permission to Use Parking. If approved, the new ordinances will allow for 42 head-
in parking spaces and further allows for 5 parking spaces on the hammerhead turnaround at the
easterly end of Myrtle Street all as shown on the Bronstein Redevelopment Site Plan. During the
work week - Monday through Friday 9am -- 5pm, except holidays-, the spaces are and will be
available to the public, including residents of Bronstein Redevelopment, on a first come, first
served basis. For all times outside of the workweek, as defined, the parking spaces shall be
restricted for use by resident permit holders only, as set out in section 8 below. Except as set out
in section 8 below, there will be no parking meters on Myrtle Street and there will be no fees or
charges for parking on Myrtle St.

6. No Further Restrictions on Use of Parking Spaces. Except as may be required by
this Memorandum of Understanding, the City further agrees and will not impose restrictions on
the use of the 42 head-in parking spaces on the southerly side of Myrtle Street and will not impose
restrictions on the 5 parking spaces at the hammerhead of the east end of Myrtle Street.

7. Overnight/Holiday Parking. The ordinances allow for overnight and
holiday/weekend parking on Myrtle Street and restrict the overnight and holiday/weekend parking
to residences of Myrtle Street. The City and NHRA agree that the residents of the Bronstein
Redevelopment are residents of Myrtle Street. Further, the City and NHRA and Developer shall
follow the City’s standard procedure which allows for residence and for the management company
of Bronstein Redevelopment to obtain permits for overnight/resident parking in the 42 spaces on
the southerly side of Myrtle Street and the 5 spaces on the easterly end of Myrtle Street. Yearly
permits are presently $10 per year. Upon receipt of a certificate of occupancy for the completed
Bronstein Redevelopment, NHRA shall pay to the City the sum of Four Hundred Seventy Dollars
($470) for overnight/resident parking permits. The sum shall be paid annually and shall continue
during the term of the arrangement or until such time as the fee for overnight parking permits is
changed by the Board of Aldermen.

8. Maintenance Agreement. The Developer and NHRA will enter into Maintenance
Agreement with the City, subject to the approval of the Board of Public Works for the City of
Nashua, which Agreement will clarify responsibilities for maintenance and repair of the 42 head-
in spaces, the 5 parking lot spaces, and the other improvements shown on the Bronstein Redevelopment
Site Plan, Under the Maintenance Agreement, the Developer and NHRA will be the party
responsible for plowing, ice removal, ADA compliance issues, and ongoing pavement care, ete.

9, Continuation of Agreement. This Agreement shall continue in full force and effect
with respect to Bronstein 4% so long as the portion of the Property leased to Bronstein 4% is used
for 166 apartments made available to families of low income as provided in NH RSA 203:8, II
and, with respect to Bronstein 9%, for so long as the portion of the Property leased to Bronstein
9% is used for 50 apartments, 40 of which shall be made available to families of low income as
provided in NH RSA 203:8, IL, except however, if a portion of Myrtle Street is successfully
discontinued and this Agreement is no longer necessary to assure the continued availability of the
42 head-in spaces and the 5 parking lot spaces, the City may terminate this Agreement upon thirty
(30) days written notice to NHRA and Developer.

10. Representations. The Developer and NHRA make the following representations and
warranties to the City:

(1) The Developer and NHRA each have the legal right, power and authority
to enter into this Agreement and to perform all of its obligations
hereunder.

(ii) The execution and delivery of this Agreement and the performance by the
Developer and NHRA of its obligations hereunder will not conflict with,
or result in a breach of, any of the terms, covenants and provisions of any
agreement or instrument to which the Developer and NHRA is a party or
by which the Developer and NHRA is bound.

(iit) No consent, approval, waiver, authorization or novation is required to be
obtained by the Developer and NHRA from, and no notice or filing is
required to be given by the Developer and NHRA to, any governmental
entity or other person or entity in connection with the consummation of
the transactions contemplated hereby or the execution, delivery and
performance by the Developer and NHRA of this Agreement and each of
the documents to be executed by the Developer and NHRA pursuant to
this Agreement.

El. Amendment. The terms of this Agreement may be altered, amended, or changed
only by the mutual, written consent of the parties.

12. Entire Agreement. This Agreement contains the entire agreement between the City,
NHRA and Developer with respect to the subject matter herein and supersedes any earlier
agreements.

13. Law. This Agreement shail be interpreted in accordance with the laws of the State
of New Hampshire. The parties hereto agree that any action brought by either party to enforce the
terms of this Agreement shall be filed in the Superior Court of Hillsborough County, New
Hampshire.

14. Notice. Any notice by one party to the other shall be in writing, and shall be either
hand-delivered, sent via certified mail, return receipt requested, or by email (with confirmation of
receipt) at the addresses first set forth above unless otherwise provided in writing to the other party.
All notices to the City shall be directed to the Director of Economic Development, City of Nashua,
229 Main Street, Nashua, New Hampshire 03061-2019 and copies sent by email to the following
email address: legal@nashuanh.gov.

15. Counterparts. This Agreement may be executed in counterparts, which collectively
shall constitute one agreement. Executed copies of this Agreement shall have the same force and
effect as originals.

16. Disclaimer of Joint Venture, Partnership and Agency. This Agreement shall not be
interpreted or construed to create an association, joint venture, or partnership between Developer,
NHRA and City, or to impose any partnership obligation or liability upon the parties. Neither

Developer, NHRA nor City shall have any right, power, or authority to enter into any agreement
or undertaking for, or act on behalf of, or to act as or be an agent of representative of, or to
otherwise bind, the other.

17. Severability. If any term or provision of this Agreement shall be judicially
determined to be void or of no effect, that determination shall not affect the validity of the
remaining terms and provisions of this Agreement. The parties agree that if any provision of this
Agreement is judicially determined to be invalid because it ts inconsistent with a provision of state
or federal law, this Agreement shali be amended to the extent necessary to make it consistent with
state or federal law and the balance of the Agreement shall remain in full force and effect.

18. Authority. Each party represents that it has undertaken all actions necessary for
approval of this Agreement, and that the person signing this Agreement has the authority to bind
City, NHRA and Developer.

19, Successors and Assigns. Developer and NHRA may assign its rights, duties and
obligations hereunder prior to the end of the term of this Agreement, to an entity under common
control with Developer and NHRA, respectively. No other assignment shall be permitted without
the City’s consent, which consent may be withheld in the City’s sole discretion. This Agreement
and the rights, duties and obligations of the parties hereunder shall apply to and bind the
successors and assigns of the respective parties.

Signature pages fallow

IN WITNESS WHEREOPF, the parties have caused this Agreement to be duly executed
under seal as of the day and year first above written.

NHRA:

NASHUA HOUSING AND
REDEVELOPMENT AUTHORITY

By:

Name:
Title:

BRONSTEIN 4% & BRONSTEIN 9%:
BRONSTEIN 4% LIMITED PARTNERSHIP

By: 55 Central Street 4%, LLC
its General Partner

By: Nashua Housing and Redevelopment Authority
its Co-Manager

By:

Name:
Title:

BRONSTEIN 9% LIMITED PARTNERSHIP

By: 55 Central Street 9%, LLC
Its General Partner

By: Nashua Housing and Redevelopment Authority
Its Co-Manager

By:

Name:
Title:

CITY:
CITY OF NASHUA

By:

Name: James W. Donchess
Title: Mayor

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DATE

THE UNDERSIGNED DOES HEREBY AGREE TO PERFORM ALL OF THE SITE
IMPROVEMENTS AS SHOWN ON THIS PLAN AND AS CONDITIONED OR
STIPULATED BY THE NASHUA CITY PLANNING BOARD ALL REQUIREO SITE
HAPROVEMENTS MUST BE COMPLETED OR GUARANTEED PRIOR TO THE
ISSUANCE OF A CERTIFICATE OF OCCUPANCY

thy

APPROVED
NASHUA CITY PLANNING BOARD

CHAIRMAN OATE

LEGISLATIVE YEAR 2021

RESOLUTION: R-21-157
PURPOSE: Authorizing the City of Nashua to enter into a Memorandum
of Understanding regarding the Bronstein Redevelopment
ENDORSERS: Mayor Jim Donchess
COMMITTEE
ASSIGNMENT:
FISCAL NOTE: Parking Fees as stated in agreement.
ANALYSIS

This resolution authorizes the City of Nashua to enter into a Memorandum of Understanding
regarding the Bronstein Redevelopment.

Approved as to form: Office of Corporation Counsel
By: /s/ Celia K. Leonard

Date: August 3, 202]

R-21-158

RESOLUTION

ESTABLISHING AN EXPENDABLE TRUST FUND FOR RECREATION FACILITIES
FOR EAST SIDE OF NASHUA, FUNDED BY APPROPRIATIONS, AND MAKING A
SUPPLEMENTAL APPROPRIATION OF $750,000 INTO THE EXPENDABLE TRUST
FUND

CITY OF NASHUA

In the Year Two Thousand and Twenty-One

RESOLVED by the Board of Aldermen of the City of Nashua that pursuant to RSA
31:1L9-a, the City of Nashua hereby establishes an expendable trust fund for recreation facilities
for the East side of Nashua, funded by appropriations, and appoints the Mayor as the agent to
expend. Any balance remaining in the expendable trust fund at each fiscal year end will not lapse
or be closed out to the General Fund, but will remain in this expendable trust fund. For purposes
of this legislation and the expendable trust fund it is creating, the “East side” of Nashua is
defined as the area bordered by the Nashua River to the North, Main Street to the West, Salmon
Brook to the South and Merrimack River to the East.

FURTHERMORE, BE IT RESOLVED by the Board of Aldermen of the City of
Nashua to appropriate $750,000 from Unanticipated Revenue - Department # “118 Other
General Government”, Account #45103 — Sale of City Owned Land/Buildings.*

RESOLUTION:

PURPOSE:

SPONSOR(S):

COMMITTEE
ASSIGNMENT:

FISCAL NOTE:

LEGISLATIVE YEAR 2021
R-21-158

Establishing an expendable trust fund, funded by
appropriations, and making a supplemental apprepriation of
$750,000 into the expendable trust fund

Mayer Jim Donchess

Establishes a restricted fund to account for appropriations
designated for a specific purpose. Proposed current year
appropriation reduces year end general fund surplus. Future
appropriations to this fund are through the annual budget
process.

This legislation establishes a

ANALYSIS

non-lapsing expendable trust fund, RSA 31:19-a, I provides for

an annual accounting and report of the activities of the trust.

This legislation also appropriates $750,000 into the new expendable trust fund. The funds are
part of the proceeds from the sale of City land on Bridge and Sanders Streets (see R-1 9-148),
There should be notice and a public hearing. A two-thirds vote is required under Charter Sec.
56-b for an item or amount not in the mayor’s budget. A roll call is required under Charter Sec.

49,

Approved as to account
structure, numbers,
and amount:

Approved as to form:

Financial Services Division
By: /s/ John Griffin
Office of Corporation Counsel

By: /s/ Celia K. Leonard

Date: August 3, 2021

R-21-159

RESOLUTION

RELATIVE TO THE TRANSFER OF THE FY2022 ORIGINAL ADOPTED BUDGET
CONTINGENCY FOR GRANTS AND CORRESPONDING OFFSETTING REVENUE
INTO A NON LAPSING GRANT FUND.

CITY OF NASHUA

in the Year Two Thousand and Twenty-One

RESOLVED by the Board of Aldermen of the City of Nashua that the FY2022 Original
General Fund adopted budget be revised to transfer $77,411,477 from Department 194
“Contingency”, “Contingency for Grants” and $77,411,477 from Department 194
“Contingency”, “Revenue from Grants” in the amount of $77,411,477 into a non-lapsing fund.

This transfer 1s pursuant to State of New Hampshire RSA 32:7, VI which states amounts that are
appropriated from moneys anticipated to be received from a state, federal or other governmenta!
or private grant, the appropriation shall remain non-lapsing for as long as the money remains
available under the rules or practice of the granting entity.

Passage of this resolution will reduce the General Fund adopted appropriations to $291,026,961
with estimated revenues of $64,979,022 including estimated state funding for education in the
amount of $32,839,691 and will increase the non-lapsing Grant Funds adopted appropriations to
$77,411,477 with estimated revenues of $77,411,477.